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2021 (7) TMI 423 - HC - Indian LawsDishonor of Cheque - power of Deputy In-charge, Principal Officer or Senior Clerk of the Company to file a complaint case against the petitioners - Adequate court fees not paid - HELD THAT:- The Court Fees Act and consequently all the Orissa State Amendment are only to providing for taxing purposes. If insufficient court fees are paid in a proceeding, be it a civil or criminal, the proceeding should not be dismissed at the threshold, rather the Court is under a duty to give a reasonable opportunity to the petitioner in a complaint case or the plaintiff in a civil proceeding to pay the deficit court fees. In no case, a proceeding should be dismissed for payment of inadequate court fees without affording a reasonable opportunity to the petitioner, complainant or the plaintiff to make good deficit court fees. This Court is of the opinion that even at the final hearing of the proceeding, if it is found that insufficient court fees has been paid, the judgment can be pronounced directing the petitioner or complainant to pay the deficit court fees, lest the final order shall not take effect. This Court is of the opinion that there is no reason to dismiss the complaint or to allow the revision setting aside the order taking cognizance and issuance of processes by the learned Magistrate. This Court is of the opinion that in the present cases the company has been duly authorized an authorized person. If the accused arrayed in this cases wants to disputes those facts and statements, the said issues may be raised at the time of trial of the cases and opportunities should be given to the complainant to show before the learned Magistrate that in fact, the company made a Resolution to authorize Mr. Ratnakar Nayak to file the complaint on behalf of the company and if necessary examine the Managing Director or any of the Directors of the company. On a careful conspectus of the entire material on record as well as the law governing the field, this Court is of the opinion that the cognizance taken by the learned SDJM, Panposh cannot be quashed or set aside because of non-compliance of the provisions of the Companies Act, 1961 or for deficit court fees or for lack of jurisdiction. However, all these complaints filed before the SDJM, Panposh are allowed to be withdrawn to the complainant to be filed before the learned JMFC, Barbil within the period of limitation as prescribed from the date of such withdrawal. Criminal Revisions are disposed of.
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